The bill S. 366 aims to amend various sections of the South Carolina Code of Laws to enhance homeowners' rights regarding the display of flags, access to homeowners association (HOA) documents, and protections against foreclosure by HOAs. It allows homeowners to display up to two specific flags, including the U.S. flag and flags representing military and first responders, regardless of any restrictive covenants or HOA rules. Additionally, it mandates that HOAs disclose any payments made to their officers and requires that homeowners have access to important documents such as annual budgets and membership lists.

Furthermore, the bill introduces a new section that limits HOAs from interfering with homeowners' freedom of speech unless there is a compelling interest. It also prohibits HOAs from foreclosing on a homeowner's primary residence for unpaid dues, fees, or fines, nullifying any governing document provisions that grant such authority. The bill clarifies that while HOAs can place liens for unpaid dues, they cannot enforce foreclosure on a homeowner's property. These changes are set to take effect on July 1, 2025, following approval by the Governor.

Statutes affected:
02/20/2025: 27-1-60, 27-30-150, 27-30-180, 15-41-30, 27-30-130
Latest Version: 27-1-60, 27-30-150, 27-30-180, 15-41-30, 27-30-130